%A NIM.: 21203012045 Ramadani Siregar, S.H.
%O Pembimbing: Prof. Dr. Drs. H. Makhrus, S.H., M.Hum.
%T HAK SUBJEK DATA PRIBADI DALAM UNDANG-UNDANG NOMOR 27 TAHUN 2022  TENTANG PERLINDUNGAN DATA PRIBADI  PERSPEKTIF AL-HUQUQ AL-INSANIYYAH
%X This research was motivated by the passing of Law Number 27 of 2022
concerning Personal Data Protection, namely regarding the rights of personal data
subjects. In Article 15 there are exceptions to the rights of personal data subjects,
namely for the interests of national defense and security, the interests of the law
enforcement process, the public interests in the context of state administration, the
interests of supervision and the interests of statistics and scientific research. This
exception is not explained in detail and accurately regarding the limitations or
mechanisms, so that it has the potential to become an article with multiple
interpretations and problems in the future and there is concern that there will be
misuse of personal data authority without the consent of the party concerned for
certain reasons. This is not in accordance with Article 28G of the 1945 Constitution
which contains the values of respect for human rights and respect for individuals
and does not have binding legal force as long as it is not interpreted.
This type of research is library research with a descriptive-analytical
research nature and uses a juridical-normative (statute law) approach. The primary
legal materials used in this research are the 1945 Constitution, Law Number 27 of
2022 concerning Personal Data Protection. And the secondary legal materials used
are the Al-Quran and Hadith, fiqh/ushul fiqh, books, academic manuscripts, bills,
journals or other scientific papers that can provide explanations regarding primary
legal materials. The analysis used in this research uses the theory of legal certainty
and Al-huqūq Al-insāniyyah as analytical tools.
The research results show that. First, the PDP Law cannot provide legal
certainty regarding the law itself, especially for the rights of personal data subjects.
In statutory regulations, the rights of personal data subjects are rights whose
fulfillment can be limited by the state or law, but the exceptions must be clearly
explained regarding the limitations and mechanisms in order to provide legal
certainty for the rights of personal data subjects, and their protection is guaranteed.
Legal certainty is one of the elements that must be fulfilled in enforcing a law, as
well as in the formation of legislation, it must reflect the principle of protection, and
the principle of humanity, namely that the law must reflect the protection and
respect for human rights and their dignity in a proportional manner. Second, through
the perspective of Al-huqūq Al-insāniyyah, namely the obligation to maintain
human honor, life and property, the prohibition of oppression in all aspects of life,
it is an obligation to provide guaranteed protection for personal data subjects whose
rights are excluded from any danger or loss to life. and safety, so that this is in line
with the principles of Al-huqūq Al-insāniyyah, namely protection of the soul and
protection of its honor.
%K Hak Subjek Data Pribadi, Kepastian Hukum, Al-Huquq Alinsaniyyah
%D 2023
%I UIN SUNAN KALIJAGA YOGYAKARTA
%L digilib63224